Sudhir @ Balaji Tanaji Mane v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.766 OF 2024 Sudhir alias Balaji Tanaji Mane ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Yash Fadtare a/w Mr. Satyavrat Joshi, Advocates for the Applicant.
Mr. Sameer Mangaonkar, APP for Respondent-State. CORAM : MADHAV J. JAMDAR, J.
DATED : 27th February 2024 P. C.
1.
Heard Mr. Fadtare, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP appearing for the Respondent-State.
2.
This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:-
1. C.R. No.
2. Date of registration of F.I.R. 6th July 2019
3. Name of Police Station Pandharpur Taluka, District- Solapur
4. Section/s invoked 302 of the Indian Penal Code,
5. Date of incident 6th July 2019
6. Date of arrest 6th July 2019
7. Date of fling Charge-sheet 30th September 2019 1/5
3.
The Applicant is the husband of the deceased. As per the prosecution case, the Applicant was suspicious that his wife i.e. the deceased was in a relationship outside of marriage with some other person and therefore, there used to be frequent quarrels between them. As per the prosecution case, the Applicant has assaulted the deceased with a wooden log and the deceased succumbed to the resultant injuries.
4.
Mr. Fadtare, learned Counsel appearing for the Applicant submitted that the Applicant was arrested on 6th July 2019, and Charge-sheet was fled on 30th September 2019 however till date there is no further progress in the trial except for the framing of the charge. He therefore submitted that there is a violation of the right to speedy trial guaranteed under Article 21 of the Constitution of India. He further submitted that the incident in question had occurred in a spur of the moment when the Applicant and the deceased were quarreling with each other as the Applicant was suspicious that the deceased was in a relationship outside of marriage with some other person. He therefore submitted that offence under Section 302 of the Indian Penal Code, 1860 is not made out.
5.
On the other hand, Mr. Mangaonkar, learned A.P.P. strongly opposed the Bail Application. Learned A.P.P. submitted that there are two eye-witnesses to the incident i.e. the son of deceased and 2/5
the Applicant - Yash (aged 11 years when the incident occurred i.e. in the year 2019) and their daughter - Shraddha (aged 8 years when the incident occurred in the year 2019). Therefore, he submitted that the Applicant, who is the father of these minor children, will infuence them and therefore the Applicant should not be released on bail. In view of these submissions made yesterday, the matter is kept today for the learned A.P.P. to take instructions and on taking instructions, learned A.P.P. stated that the children are residing at the grandparents' house i.e. parents of the deceased, at Latur.
6.
The record shows that the incident in question occurred on 6th July 2019 and on the very day, F.I.R. was lodged and the Applicant has been apprehended. Charge-sheet was fled on 30th September 2019. Till date, there is no further progress in the trial except that the charge has been framed on 10th April 2023. The Applicant is in custody since 4 years and 7 months and till date there is no progress in the trial. As per the Charge-sheet, there are 34 witnesses proposed to be examined by the prosecution. The trial is likely to take a considerably long time. 7.
The Applicant does not appear to be at risk of fight. 8.
The Applicant does not have any criminal antecedents. 3/5
9.
Accordingly, the Applicant can be enlarged on bail by imposing conditions. In view thereof, the following order:-
O R D E R
(a) The Applicant - Sudhir alias Balaji Tanaji Mane be released on bail in connection with C. R. No.372 of 2019 registered with the Pandharpur Taluka Police Station, District - Solapur on his furnishing P. R. Bond of Rs.10,000/- with one or two sureties in the like amount.
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Pandharpur Taluka Police Station, District - Solapur once in every two months on the frst Sunday, between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.
(d) The Applicant shall not enter District-Latur until the conclusion of the trial.
(e) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police 4/5
personnel.
(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or infuence the Complainant or any witness in any manner.
(g) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(h) The Applicant shall surrender his passport, if any, to the Investigating Offcer.
(i) The Applicant shall not enter Latur district. 10.
The Bail Application is disposed of accordingly. 11.
It is clarifed that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, uninfuenced by the observations made in this Order. [MADHAV J. JAMDAR, J.] 5/5